West Virginia Elder Abuse Attorney

What is Considered Elder Abuse?

Elder abuse is any intentional or negligent act that causes harm or serious risk of harm to an older adult. Abuse can happen in nursing homes, assisted living facilities, hospitals, private residences, or even within families. Unfortunately, many cases go unreported because seniors may feel afraid, embarrassed, or unable to speak up.

Common forms of elder abuse include:

• Physical abuse: Hitting, pushing, restraining, or using excessive force that causes injury or pain
• Emotional or psychological abuse: Verbal threats, humiliation, intimidation, isolation, or manipulation
• Sexual abuse: Any non-consensual sexual contact involving an elderly person
• Financial abuse or exploitation: Stealing money, forging checks, coercing financial decisions, or misusing assets
• Neglect: Failing to provide proper food, hydration, hygiene, medication, medical care, or supervision

Neglect is one of the most common and dangerous forms of elder abuse. Bedsores, malnutrition, dehydration, untreated infections, and frequent falls may all indicate neglect. Our West Virginia elder abuse lawyer can investigate these warning signs and determine whether abuse or neglect has occurred.

West Virginia Elder Abuse Law

West Virginia law recognizes elder abuse and neglect as serious offenses and provides both criminal and civil remedies. Under West Virginia statutes, abuse, neglect, and financial exploitation of an incapacitated adult or elderly person are illegal and may result in criminal charges.

In addition to criminal prosecution, victims and their families may pursue civil claims against individuals or facilities responsible for the harm. A civil elder abuse lawsuit can help recover compensation for medical expenses, pain and suffering, emotional distress, and other losses.

West Virginia nursing homes and care facilities are also subject to state and federal regulations, including requirements for adequate staffing, proper training, resident safety, and quality medical care. When facilities violate these standards, they may be held legally responsible for the harm that results.

Who is Liable for Elder Abuse?

Liability for elder abuse depends on where the abuse occurred and who was responsible. Potentially liable parties may include:

• Nursing homes and assisted living facilities
• Individual caregivers or staff members
• Home health agencies
• Hospitals or rehabilitation centers
• Administrators or owners of care facilities
• Family members or guardians
• Financial advisors or others who exploited an elderly person

In many cases, facilities attempt to blame individual employees, but the facility itself may be liable for negligent hiring, inadequate training, understaffing, or failure to supervise staff. A West Virginia elder abuse lawyer at McHugh Fuller Law Group will conduct a thorough investigation to identify all responsible parties and pursue maximum compensation.

What to Do If Your Elderly Loved One is Being Abused

If you believe your loved one is experiencing elder abuse or neglect, taking swift action is critical. Steps to consider include:

• Ensure immediate safety: If your loved one is in danger, call 911 or seek emergency medical care.
• Document signs of abuse: Take photos of injuries, bedsores, unsafe living conditions, or unsanitary environments. Keep records of medical visits and statements made by your loved one.
• Report the abuse: You may report suspected elder abuse to Adult Protective Services or the appropriate West Virginia regulatory agency.
• Seek medical evaluation: A medical professional can document injuries and identify signs of neglect or mistreatment.
• Contact a West Virginia elder abuse lawyer: An attorney can protect your loved one’s rights, guide you through the legal process, and help stop the abuse.

Legal action not only helps your family seek justice but can also prevent other seniors from suffering similar harm.

Compensation in Elder Abuse Cases

Victims of elder abuse and neglect may be entitled to compensation for a wide range of damages, including:

• Medical bills and future medical care
• Costs of rehabilitation or long-term treatment
• Pain and suffering
• Emotional distress and trauma
• Financial losses from exploitation or theft
• Relocation expenses to a safer facility
• Wrongful death damages if abuse leads to death

Our West Virginia elder abuse attorney will carefully evaluate your case and fight for compensation that reflects the full impact of the abuse on your loved one and your family.

To talk with our team in a free, confidential consultation, call (601) 255-0240.